United States v. Jones

Holding: Attaching a GPS device to a vehicle and then using the device to monitor the vehicle’s movements constitutes a search under the Fourth Amendment.

Plain English Holding: The defendant’s conviction for drug trafficking must be reversed when some of the evidence to convict him was obtained through a GPS tracking device on his car, because the attachment of the GPS tracking device and then the use of that device to monitor the car’s whereabouts is a “search” for purposes of the Fourth Amendment.

Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on January 23, 2012. Justice Sotomayor filed a concurring opinion. Justice Alito also filed a concurring opinion, which was joined by Justices Ginsburg, Breyer, and Kagan. The five concurring members of the Court do not resolve the question of whether the search was reasonable in this case.

Upcoming Oral Arguments

3/31Kimble v. Marvel Enterprises, Inc. Whether the Court should overrule Brulotte v. Thys Co., which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se”.

4/20Johnson v. United States Whether possession of a short-barreled shotgun is a violent felony, leading to a longer prison term as a career criminal.

4/21McFadden v. United States A federal prosecutor’s duty to prove that a suspect knew that a substance was an illegal substitute for a banned drug.

4/22Horne v. Department of Agriculture The federal government’s duty to pay raisin growers for an order requiring removal of part of a year’s crop from the market to stabilize prices.

On Monday afternoon Justices Anthony Kennedy and Stephen Breyer testified before the House Appropriations Committee. The purpose of the hearing was to discuss the Court’s budget for the next fiscal year and the federal judiciary, but the legislators also took full advantage of the occasion to touch on other topics as well.